This is a question that is asked regularly by certificate holders. We are now in possession of the most recent facts figures relating to shotgun and firearms certificates for the year ending March 31st 2015, 2015 being the anniversary of 20 years since the recording of such figures began. There are 1.8million shotgun and firearms certificates in force in England and Wales; this is a 20-year high.
The figures for new certificates being granted also show a dramatic increase. In the year leading up to March 31st 2015 there were 9,053 new shotgun or firearms licence applications granted.
Approximately one in 50 applications were refused and 406 licenses revoked in that period. Whilst that represents only 0.02% of the total licenses held in England and Wales, it shows that there is a robust system in place to monitor shotgun and firearms use.
Ison Harrison’s Shotgun and Firearms Licensing Department can advise you on what is required to obtain and keep a certificate, and what to do if an application for a certificate is refused or an existing certificate revoked.
There are three categories relating to licence revocations; automatic, mandatory and discretionary. An automatic revocation for life will be imposed if a certificate holder is sentenced to three or more years imprisonment and a five year automatic revocation will be imposed if a person is sentenced to a custodial sentence of more than three months but less than three years.
Mandatory revocations will occur in the following circumstances if the licensee has a license for the purposes of employment:
- If there is a failure to undertake annual firearm safety training
- If the licensee is the holder of a P1F license held under the Security Industry Act 1997, and that license is revoked
- If the P1F license contravenes any conditions of the firearms license.
- Where a license is not required for employment, the Chief Officer of Police has the power to revoke a firearms licence if they have reason to believe one or more of the following applies:
- That the holder is of intemperate habits or unsound mind or is otherwise unfit to be entrusted with a firearm
- That the holder can no longer be permitted to have the firearm or ammunition to which the certificate relates in his possession without danger to the public safety or to the peace
- That the holder no longer has a good reason for having in his possession, or for purchasing or acquiring, the firearm or ammunition which he is authorised by virtue of the certificate to have in his possession or to purchase or acquire.
For shotguns, the relevant ground for revocation is that the holder can no longer be permitted to have the shotgun to which the certificate relates in his possession without danger to the public safety or to the peace, although the other factors above can be taken into consideration.
Discretionary revocations are subject to sections 11 and 24 of the Firearms Act 1996, which together spell out an exhaustive list, but this includes:
- If the person knowingly provides false or misleading information in their application
- If the person contravenes a condition of the license
- If the person is no longer considered fit and proper to hold the license
- If it is not in the public’s interest for the person to hold a license
The revocation of a certificate takes effect when a Notice of Revocation is issued, this will be issued by the Firearms Licencing Team and served by the police either in person, or by post. Revocation means that you will no longer be able to possess the firearm or prohibited weapon.
You can appeal the revocation and should contact Ison Harrison for advice on whether to do so. You will have 21 days to lodge the appeal so time is of the essence. The police will usually seize the shot gun or firearm, but they can be released to an authorised dealer or a certificate holder. If the guns are released you can continue to use them, but only in the company of a certificate holder and as a non-licensed person would. Possession of an unlicensed firearm or shotgun is a serious criminal offence.
If your appeal is successful your firearm and certificate will be returned to you. If it is upheld or you or you choose not to appeal the revocation, your firearm can be transferred to a certificate holder or authorised dealer for sale or the police can dispose of or destroy the item. We are aware that some firearms and shotguns can be of significant monetary or sentimental value and we would certainly recommend taking legal advice if your gun is seized whether it be a Purdey Sporter or Baikal Over and Under!
Please contact us today to discuss any stage of your license application or issues you may have with a license refusal or revocation.
